MUHAMMAD ASHFAQ vs THE STATE
This criminal appeal arose from a conviction for murder under Section 302 of the Pakistan Penal Code 1860, where the appellant challenged the death sentence awarded by the trial court and confirmed by the High Court. The core legal question was whether the appellant, being 16 years and 6 months old at the time of the incident, was entitled to a lesser sentence than death due to his age. The Supreme Court reviewed the circumstances of the crime, noting that the appellant had previously been dismissed from employment by the deceased following a dispute with another labourer, for which he had threatened revenge. The Court observed that the appellant subsequently attacked the deceased in his home, inflicting thirteen dagger wounds in a cruel and merciless manner. The Court held that despite the appellant's young age, the brutality and premeditated nature of the attack demonstrated that he was a desperate individual undeserving of leniency. Consequently, the appeal was dismissed, and the death sentence was maintained, establishing that age alone does not mitigate the sentence in cases of extreme brutality.
- Does the age of a sixteen-year-old offender automatically entitle them to a lesser sentence than death in a murder case?
- Can the brutality of a crime outweigh the mitigating factor of a young age when determining the quantum of sentence?
- Section 302, Pakistan Penal Code 1860
' ASLAM RIAZ HUSSAIN, J.-- This is an appeal by Muhammad Ashfaq appellant through Jail by the leave of this Court, granted on 18-3-1980.
2. He was tried and convicted for the murder of Muhammad Younis and sentenced to death by the learned trial Court. His appeal failed and the High Court confirmed his death sentence vide the impugned judgment. He filed a petition for leave to appeal through Jail and leave was granted on the question of sentence, i,e, considering whether in view of his age (16 years 6 months) at the time of the incident he is not entitled to lesser sentence.
3. The facts of the case as given in the F.I.R., briefly, are that Muhammad Younis (deceased) had set up a weaving factory at Sheikhupura Road in Faisalabad. Muhammad Ashfaq appellant was employed in the said factory. About a month prior to the occurrence the appellant and another labourer Muhammad Yaqoob fought with each other. The appellant beat Muhammad Yaqoob, upon which other labourers in the factory protested against his highhandedness and demanded his dismissal. The deceased, therefore, dismissed him. While going away, the appellant had threatened to take revenge.
4. Early in the morning on 29th of September, 1975 when Muhammad Younis (deceased) and his wife Mst. Sughran Bibi, were sitting in their house, Muhammad Ashfaq appellant arrived there with a Khanjar and made a merciless attack on Muhammad Younis giving him as many as 13 injuries, a number of which were on his chest and abdomen. The abdomen of the deceased was more or less cut open and his intestines came out. The accused then ran away. Muhammad Younis was at once rushed to the hospital where he succumbed to the injuries.
5. The accused was tried and convicted by the trial Court under section 302, P.P.C. And sentenced to death plus a fine of Rs,2,000 or in default to undergo further one year's R.I. As stated above his appeal before the High Court failed.
6. We have heard the learned counsel for the appellant on the question of quantum of sentence. In view of the facts and circumstances of this case we feel that despite his young age the appellant is a desperate person. He not only beat up another labourer in the factory but on action being taken against him for that act of aggression, he assaulted his employer Muhammad Younis in his own house in a most cruel and merciless manner, inflicting 13 dagger blows. We do not think he deserves any leniency and feel that he was rightly awarded the sentence of death by the trial Court.
' We, therefore, dismiss this appeal, as having no merit.